DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The trustee for The Applikote Gold Coast Unit Trust T/A Applikote Gold Coast Pty Ltd
(AG2017/4037)

APPLIKOTE GOLD COAST PTY LTD GENERAL WORKS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2017

Application for approval of the Applikote Gold Coast Pty Ltd General Works Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Applikote Gold Coast Pty Ltd General Works Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The trustee for The Applikote Gold Coast Unit Trust T/A Applikote Gold Coast Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from The trustee for The Applikote Gold Coast Unit Trust T/A Applikote Gold Coast Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2017. The nominal expiry date of the Agreement is 30 July 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Applikote Gold Coast Pty Ltd General Works Enterprise Agreement 2017. The applicant, the trustee for The Applikote Gold Coast Unit Trust, sought approval from the Fair Work Commission (FWC). The dispute centred around the terms and conditions of employment set out in the proposed agreement and whether they complied with the Fair Work Act 2009. The FWC was required to determine if the agreement met the necessary criteria for approval, including whether it provided for a safety net of minimum wages and conditions, and whether it was free from prohibited content.

The key legal issues before the FWC were whether the proposed agreement provided for a safety net of minimum wages and conditions, and whether it contained any prohibited content. The FWC considered the provisions of the Fair Work Act and the Fair Work Regulations, which set out the requirements for enterprise agreements. The applicant argued that the agreement provided for a safety net of minimum wages and conditions, and did not contain any prohibited content. The FWC examined the terms of the agreement and compared them to the relevant provisions of the Fair Work Act and Regulations.

After considering the arguments and evidence presented by the parties, the FWC found that the proposed agreement did provide for a safety net of minimum wages and conditions, and did not contain any prohibited content. The FWC approved the agreement, noting that it met all the necessary criteria for approval under the Fair Work Act. The applicant's argument was successful, and the agreement was approved in its entirety.

In conclusion, the FWC approved the Applikote Gold Coast Pty Ltd General Works Enterprise Agreement 2017, finding that it provided for a safety net of minimum wages and conditions, and did not contain any prohibited content. The agreement was approved as it complied with the requirements of the Fair Work Act and Regulations. The applicant's application for approval of the agreement was successful.

The trustee for The Applikote Gold Coast Unit Trust T/A Applikote Gold Coast Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established